Revolutionary War Pension and Bounty Land Warrant Application File S. 31023, Thomas Fergusson, Penn.

SERVICE
NUMBER _____
Penn
Fergusson, Thomas or Ferguson
S, 3, 1, 0, 2, 3
CONTENTS

7480
Kentucky
Thomas Ferguson
of Fleming Co in the State of Kentucky who was a Private in the company commanded by Captain McDonald of the Regt commanded by Col Piper in the Pa line for 11 mos
Paid at the Treasury under the Act of the 6. April 1838 for and 4 Mts 1837 to 4 Mts 1838. Age notified 28 Nov 1838.
Inscribed on the Roll of Kentucky at the rate of 37 Dollars 77 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 day of April 1833 and sent to N D Coleman Mayville
Arrears to the 14th of March 1833 $ 75.54 Semi-annual allowance ending 4 Sept 1838 188.88 $9442
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Daniel Boyd Clerk, Book 8 Vol. 7 Page 9

State of Kentucky, Fleming County set
On this the 7 th day of December 1833 personally appeared before the County Court of Fleming Thomas Furgerson a resident of said County of Fleming and State of Kentucky, aged seventy two years, who being first duly sworn according to law doth on his oath make the following statement in order to obtain the benefit of the provision made by act of Congress, passed June 7. 1832 viz, that he enlisted in the army of the United States in the year 1777 on the 23 rd day of Dec r under Capt John McDonald and served in the Regiment of the Pennsylvania line under the said Capt McDonald, whose Company was one of three, raised by Col Piper & Maj Cluggage to guard the frontiers of Bedford County, Pennsylvania. That said three Companies were under the immediate command of Maj Cluggage - that he enlisted to serve nine months - and served out his term - that after the expiration of the nine months, Col Piper informed Capt McDonald Company, that their services would be required a few months longer, & beat up for volunteers for a Militia term, two months, that he together with all the Company, enrolled for the two months, and served a few days over the term - when he

was regularly and honorably discharged on the 1 st day of December 1778 - at Frankstown fort Bedford County Pennsylvania, as will appear by the said discharge, attached to this Declaration & signed by Capt M c Donald - having served Eleven months and ten days - That at the time of his enlistment for nine months, he was a resident of Cumberland County, Penn- sylvania - that he marched thence into Bedford County & served to guard the frontier & protect the inhabitants - That at the time he enrolled for the Militia term, two months, he was still a citizen of Cumberland in the said State and served both tours under the same Officers. That whilst he was in the service of the United States, he received an injury in the right eye from a ball of an Indian, which has finally destroyed the light of the eye nearly, that the discharge above described, and attached to this Declaration is the original discharge given to him by his Capt. - That he knows of no one whose evidence he can procure to prove his services - That he was born in the year 1760 in the County of Cumberland, Pennsylvania that he has no record of his age, except in a family Bible in his possession, in which he has set down his age, as he took it from his father's family bible.

that he removed from Pennsylvania in 1796 to Kentucky and settled in Mason County - from Mason, he removed to Fleming County, in which County he has resided ever since, and now resides - That he recollects the names of Capt Cluggage & Capt Black who commanded the other two companies under the command of Maj Cluggage. That for a short time they were with the 13. th Virginian Regiment, then under the command of - But the said Regiment was on its return from Pittsburg - That he knows John Botts D. Sheriff of Fleming, Stephen Philson, William Ferdinand Venati, Jas Markwell Esq who can speak of his character
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State
Subscribed, in Open Court, the Court now sitting - the day and year aforesaid.
Thos Ferguson
We James Markwell and Jno. H. Botts hereby certify that we are well acquainted with Thos. Ferguson, who has subscribed & sworn to the above Declaration that we believe him to be seventy two years of age

Thos Furgerson 226 32
that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn & subscribed in open court, day & year aforesaid - James Markwell
Jno H Botts
And the said court do hereby declare their opinion after the investigation of the matters & after putting the interrogatories prescribed by the war department, that the aforesaid Thos Furgerson, was a revolutionary soldier and served as he states. And the court further certifies that it appears that Markwell & Botts who have signed the preceding certificate are citizens of Fleming County, and are persons of credibility & that their statement is entitled to credit.
I Joshua Stetson Clerk of the County Court of Fleming do hereby certify that the foregoing contains the original proceedings in said court of the matter of the application of Thos Furgerson for a pension
In testimony whereof I have hereunto set my hand & seal of office this 7 th day of January 1833
Joshua Stetson Clerk.

No 22532 Thomas Ferguson Kentucky
from 1777 private 11 months & ten days \$36.66 1 11/100 37.77
McDonald Pvt. P. P. P. Capt. P. a.
N. D. Coleman Maysville Kentucky

WAR DEPARTMENT,
Pension Office.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Thomas Ferguson Fleming Co. Kentucky
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1797 Vol 9 24 Private Capt. McDowell Col. Piper Tenn. Aged 72 Cumberland County Pa. Documentary Traditionary   2 14 Private " " " "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Dyer Castor ex Clerk.

31023 Rev INVALID.
File No. 31,023
Thomas Ferguson
Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 135
[Arrangement of 1870.]

Payments to be made at Lexington by the Pres't of U S Branch Agent for paying Pension- ers, in the Agency of Kentucky
Recorded in the Pension Of- fice, in Book E Vol. 7 Page 1 by Daniel W. Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
Thomas I certify that, in conformity with the law of the United States of the 7th June, 1832, — James Ferguson — _____ of the State of Kentucky _____ who was a private in the Army of the Revolution
is entitled to receive — Thirty Six — dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Sixteenth day of April one thousand eight hundred and thirty-three
Lewis Cass
Secretary of War.
Examined and Countersigned. §
J. Edwards
Commissioner of Pensions.

Treasury Department,
Second Comptroller's Office,
Nov. 23. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Thomas Ferguson a Pensioner on the Roll of the Lexington Ky Agency, at the rate of Thirty seven Dollars and seventy seven Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 21 st of Sept. 1837 to the 4 th March 1838
Respectfully, yours,
William H. Parris Comptroller.
To the Commissioner of Pensions, Present.

225-32
Rev
225-32
War Department
FREE
Pension Office
Washington City
Care of Mr J. L. Edwards

Dear Sir                      Maryville Jany 9. 1833
I enclose you the Declaration of Mr Thos Ferguson of Fleming, accompanied by his original discharge - which I hope will be sufficient to entitle him to a pension - He certainly is greatly in need of it, being old, infirm and very poor. At present I will be glad you would examine his case as soon as possible - and write me
If he is placed upon the list please enclose me his certificate - He would prefer being placed on the roll at his commence - But as the Dept may please
Very Respectfully
A. D. Coleman